Criminal Defense Attorney Analysis of Internet Pharmacy, Prescription, and Drug Law

Category: Court Cases

The Government rested on May 27, 2009 in the AffPower Internet pharmacy case, unique for its longevity as well as the attempted prosecution of online pharmacy affiliates along with the traditional players.  A general review of the respective Motions for Judgment of Acquittal by many of the Defendants indicates that the Government, among other things, neglected to call […]

Torino Jennings, a Virgnia doctor, faces Internet pharmacy charges in a Boston District Court.  A felony Information was filed on May 28, 2009 charging Jennings with seven (7) counts of allegedly introducing a misbranded drug into interstate commerce in violation of the Federal Food, Drug and Cosmetic Act and four (4) counts of tax fraud for […]

Kansas pharmacist, Rick Kloxin, pled no contest to 14 misdemeanor counts in the Hogan’s Pharmacy internet pharmacy case.  Kloxin was the lead pharmacist at Hogan’s Pharmacy and plans to cooperate in the prosecution of Jolane and Mark Poindexter, the owners of Hogan’s.  In March, Kloxin lost his license and was fined $62,000.  A discussion of the […]

Many federal circuits permit a good faith jury instruction in cases in which doctors are prosecuted under the Controlled Substances Act.  Internet pharmacy law cases involving doctors are no different.  Below is an illustrative case: U.S. v. Hurwitz, 459 F.3d 463 (2006):  The Fourth Circuit Court of Appeals reversed Dr. William E. Hurtwitz’s conviction due to […]

According to the Orlando Sentential and the Daytona Beach News-Journal, JIVE internet pharmacy owner Jude Lacour was found guilty on all counts today, including conspiracy, distribution of a controlled substance and money laundering.  Lacour represented himself at trial.  Christopher Tobin was also found guilty on all counts charged.  The other defendants (Akhil Baranwal, James Pickens and […]

The jury began deliberating in the JIVE online pharmacy network trial yesterday at 3p.m. The content on this post does not constitute legal advice and is for informational purposes only.  You should not act upon the information presented on this website without seeking the advice of legal counsel.  Should you wish to speak to an experienced […]

Fritz Brunz pled guilty today in the Northern District of California to owning and operating an Internet pharmacy (healthylifemeds.com) which introduced misbranded drugs (Ritalin, Halcion and Xanax) into interstate commerce.  Brunz will be sentenced on July 29, 2009. As I have discussed before, misbranding is essentially a catch all offense under the Federal Food Drug and Cosmetic Act, which includes […]

Colorado doctor Christian Hageseth was sentenced to nine months in prison by a California judge following his plea of no contest to practicing medicine without a license in California.  Hageseth was prosecuted as a result of allegedly prescribing Prozac via an Internet pharmacy to Stanford University student John McKay who later committed suicide.  As a reminder, […]

On Saturday, I noted that the Government moved to dismiss the federal indictment against the remaining internet pharmacy defendants in U.S. v. Hernandez (Dr. Hannibal Edwards, Lawrence Pinkoff, Serge Francois, pharmacy Concept RX, Frank Hernandez and Lifeline Pharmacy, Inc.).  Today, Judge Zloch of the Southern District of Florida granted the Government’s Motion to Dismiss.  Additionally, as I […]

The JIVE internet pharmacy trial commenced last Monday in Orlando, FL.  Of the original defendants, only Jude LaCour, Christopher Tobin, Akhil Baranwal, James Pickens and Geunnet Chebssi remain.  Jude LaCour is representing himself.  Jeffrey Lacour, Hudsen Smith, Alexis Roman Torres, Andrew Desonia, Margaret McIntosh and Abel Lau have all pled guilty. The content on this […]